Defence Determination, Conditions of Service Amendment (Education assistance) Determination 2018 (No. 35)

Administered by Department of Defence

Legislation au F2018L01120 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Defence Determination, Conditions of Service Amendment (Education assistance) Determination 2018 (No. 35)

This Determination amends Defence Determination 2016/19, Conditions of service (the Principal Determination), made under section 58B of the Defence Act 1903 (the Defence Act) and in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (AIA Act). Determinations made under section 58B of the Defence Act are disallowable legislative instruments subject to the Legislation Act 2003. These instruments are also subject to the interpretation principles in the AIA Act, as modified by section 58B of the Defence Act.

This Determination amends the following Chapters of the Principal Determination.

  • Chapter 8 sets out provisions dealing with members of the Australian Defence Force (ADF) and their dependants.
  • Chapter 15 sets out provisions dealing with living and working on long-term posting overseas for members of the ADF.

This Determination makes routine adjustments to education cost allowances. These are based on changes in the Consumer Price Index or advice from a contracted service provider.

Section 1 of this Determination sets out the manner in which this Determination may be cited.

Section 2 provides that this instrument commences on 6 September 2018.

Section 3 provides that this instrument has authority under section 58B of the Defence Act 1903.

Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1 amends Defence Determination 2016/19, Conditions of service

Section 1 amends subsection 8.4.10.3 of the Principal Determination. This amendment increases the maximum hourly rate of reimbursement to a member for the cost of face-to-face tutoring for their child. The amendment changes this maximum rate from $100 to $103. This rate has increased in line with the Education component of the Consumer Price Index for the 12 month period ending December 2017 (3.2 per cent), rounding the underlying figure to the nearest dollar.

Section 2 omits the example and example table in subsection 8.4.11.5 of the Principal Determination, which demonstrated how to calculate the reimbursement for web-based tutoring. The example and table are omitted because they have no legal effect.

Section 3 substitutes the table in subsection 8.4.11.6 of the Principal Determination, which provides the figures used for calculating web-based tutoring payments. The rates have increased in line with the Education component of the Consumer Price Index for the 12 month period ending December 2017 (3.2 per cent), rounding the underlying figure to the nearest dollar.

Section 4 substitutes the table of subsection 8.4.14.3 of the Principal Determination. The amendments increase the maximum hourly rate of reimbursement for costs incurred by a member when their child with special needs requires additional tuition or therapy to assist in the transition to a new school. The amendment changes this maximum rate from $100 to $103. Section 4 also increases the limit on assistance with the costs of private assessment to develop an educational program for a child with special needs. This amendment changes this benefit from $737 to $761. These changes have increased in line with the Education component of the Consumer Price Index for the 12 month period ending December 2017 (3.2 per cent), rounding the underlying figures to the nearest dollar.


Section 5 substitutes subsection 8.4.14.5 of the Principal Determination. This amendment increases the maximum reimbursement for the cost of compulsory tuition fees from $27,542 to $28,563 a year. The member contribution rate is unchanged. The new rate is based on advice received from a contracted service provider.

Section 6 amends subsection 8.4.15.4 of the Principal Determination, which provides that the Chief of Defence Force may extend education assistance to a member for their child for an additional 14 weeks for each subject, capped at a maximum hourly rate. Section 6 increases the maximum rate from $100 to $103. This change is in line with an increase in the Education component of the Consumer Price Index for the 12 month period ending December 2017 (3.2 per cent), rounding the underlying figure to the nearest dollar.

Section 7 substitutes the table in subsection 8.4.21.1 of the Principal Determination. This amendment increases the maximum rates of reimbursement for compulsory tuition fees, accommodation for children who do not accompany a member to a posting location and a member's annual contribution rate.

The rate changes are as follows.

  • Increase in the maximum annual compulsory tuition fee reimbursement from $27,542 to $28,563.
  • Increase in the maximum reimbursement of board if accommodated in a boarding school or a commercial establishment from $24,865 to $25,669.
  • Increase in the maximum reimbursement of board if privately accommodated from $15,766 to $18,431.
  • Increase in the annual member contribution towards their child's boarding fees (if not their first year) from $3,033 to $3,036.
  • Increase in the annual member contribution towards their child's boarding fees (if it is their first year) from $2,616 to $2,633.

These new rates are based on advice received from a contracted service provider.

Section 8 substitutes the table in subsection 15.6.10A of the Principal Determination, which lists the annual contribution that a member must pay towards compulsory tuition fees when their child attends school in their overseas posting location. The contribution rates are based on the typical cost of attending government schools in Australia. The rates are increased in line with the Education component of the Consumer Price Index for the 12 month period ending December 2017 (3.2 per cent), rounding the underlying figure to the nearest dollar.

Section 9 amends section 15.6.22A.5 of the Principal Determination, which lists the amount a member is required to pay an annual contribution to the cost of the child’s education. The contribution rates are increased from AUD 382 to AUD 395. The rates are increased in line with the Education component of the Consumer Price Index for the 12 month period ending December 2017 (3.2 per cent), rounding the underlying figure to the nearest dollar.

Section 10 amends the table in subsection 15.6.25.1 of the Principal Determination, which provides a member's benefit when their child attends an Australian school while the member is on an overseas posting. The section updates tuition fees, accommodation contribution rates and the accommodation reimbursement rates.

The following two rate changes made by section 10 are in line with the Education component of the Consumer Price Index for the 12 month period ending December 2017 (3.2 per cent), rounding the underlying figure to the nearest dollar.

  • Member contribution towards compulsory tuition fees for a primary student has increased from AUD 164 to AUD 169.
  • Member contribution towards compulsory tuition fees for a secondary student has increased from AUD 382 to AUD 395.


The following six rate changes made by section 10 have been made as a result of advice received from a contracted service provider.

  • For a member whose child lives at a boarding school, the member's accommodation contribution is increased from AUD 3,033 to AUD 3,036.
  • For a member whose child lives at a boarding school for the first time, the member's accommodation contribution is increased from AUD 2,616 to AUD 2,633.
  • For a member whose child lives in private accommodation, the member's accommodation contribution is increases from AUD 3,033 to AUD 3,036.
  • The maximum reimbursement for compulsory tuition fees is increases from AUD 27,542 to AUD 28,563 a year.
  • The maximum reimbursement for accommodation where a child boards at boarding school or a commercial boarding establishment has increased from AUD 24,865 to AUD 25,669 a year.
  • The maximum reimbursement for accommodation where a child lives in private board and lodging has increased from AUD 15,766 to AUD 18,431 a year.

 

Consultation

Consultation is not considered necessary in the annual Education Assistance adjustments. This is a routine change to education cost allowances. These are based on changes in the Consumer Price Index or advice from a contracted service provider and are made according to an established policy.

 

Authority:  Section 58B of the
Defence Act 1903

 


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Defence Determination, Conditions of Service Amendment (Education assistance) Determination 2018 (No. 35)

This Determination is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Determination

This Determination makes routine adjustments to education cost allowances. These are based on changes in the Consumer Price Index or advice from a contracted service provider.

Human rights implications

The protection of a person's right to care for and provide education to dependants engages Articles 10 and 13 of the International Covenant on Economic, Social and Cultural Rights. Article 10 guarantees the widest possible protection and assistance to families, including their responsibility for the education and care of dependent children. Article 13 recognises the right of everyone to education.

Defence often requires its members to relocate to postings within Australia and overseas. These include remote areas without nearby educational facilities and locations where education costs far exceed what members might otherwise pay for their children. Defence recognises that relocation can cause financial hardship to the member and disruptions to their child dependant's education.

Defence assists members and their families by providing education assistance in order to minimise disruption to their children's education, so that children are not disadvantaged by member relocations. This assistance is provided in the form of private and web-based tuition and where relevant boarding school costs.

Conclusion

This Determination is compatible with human rights because it advances the protection of human rights.

Jay Andrew Clarke, Acting Assistant Secretary People Policy and Employment Conditions

 

Overview

The Defence Determination, Conditions of Service Amendment (Education assistance) Determination 2018 (No. 35) was enacted to address the need for routine adjustments to education cost allowances for members of the Australian Defence Force (ADF) and their dependants. This Determination amends Defence Determination 2016/19, Conditions of service, made under section 58B of the Defence Act 1903 and in accordance with subsection 33(3) of the Acts Interpretation Act 1901. The policy objective is to ensure that education assistance provided to ADF members and their families remains consistent with the Consumer Price Index or advice from a contracted service provider, thereby mitigating financial hardship and educational disruptions caused by Defence relocations. The Determination includes adjustments to reimbursement rates for various educational expenses, including face-to-face tutoring, web-based tutoring, compulsory tuition fees, and boarding school costs, to reflect changes in the Education component of the Consumer Price Index for the 12-month period ending December 2017. This legislation is compatible with human rights, particularly Articles 10 and 13 of the International Covenant on Economic, Social and Cultural Rights, which guarantee the protection and assistance to families and the right to education. By providing education assistance to ADF members and their families, the Determination supports the protection of a person's right to care for and provide education to dependants, ensuring that children are not disadvantaged by Defence relocations. The routine adjustments to education cost allowances are made in accordance with established policy to ensure the financial and educational stability of ADF members and their families.

Scope and Application

The Defence Determination, Conditions of Service Amendment (Education assistance) Determination 2018 (No. 35) applies to members of the Australian Defence Force (ADF) and their dependants, specifically addressing their education-related expenses. It is a Commonwealth-level regulation made under the authority of section 58B of the Defence Act 1903 and is subject to the principles of interpretation set out in the Acts Interpretation Act 1901, as modified by the Defence Act. The amendment primarily affects the cost allowances related to education expenses incurred by ADF members, ensuring these allowances are adjusted in line with the Consumer Price Index or based on advice from contracted service providers. The changes are applied nationally and cover various aspects such as reimbursements for face-to-face and web-based tutoring, compulsory tuition fees, and accommodation costs for children, both domestically and in overseas postings. There are no stated exclusions or exemptions in this Determination, which aims to provide a fair and consistent support system for ADF members and their families in managing educational costs. This Determination extends its application through specific amendments to various sections of Defence Determination 2016/19, Conditions of service, updating rates and allowances to reflect the latest economic conditions and service provider advice. The adjustments made are routine and are designed to ensure that the financial burden on ADF members due to relocation is eased, thereby supporting their ability to provide quality education for their dependants. The changes include increases in reimbursement rates for various educational expenses, reflecting the latest economic data or service provider recommendations, and are intended to maintain the effectiveness and fairness of the education assistance provided to ADF members.

Key Provisions

The Defence Determination, Conditions of Service Amendment (Education assistance) Determination 2018 (No. 35) introduces changes to the education cost allowances for Australian Defence Force (ADF) members and their dependants. Specifically, Section 1 of this Determination outlines the manner in which it may be cited, while Section 2 provides that the instrument commences on 6 September 2018. Section 3 establishes the authority of this Determination under section 58B of the Defence Act 1903, and Section 4 details how each instrument specified in a Schedule to this instrument is amended or repealed. The key changes include adjustments to reimbursement rates for face-to-face tutoring, web-based tutoring, tuition for children with special needs, and compulsory tuition fees, among others, all of which are aligned with the Consumer Price Index or based on advice from a contracted service provider. The obligations imposed by this Determination include the requirement for ADF members to comply with the updated reimbursement rates and contribution limits for various educational expenses. For instance, members must adhere to the new maximum hourly rates for face-to-face tutoring and compulsory tuition fees, as well as updated contribution rates for boarding school fees and private accommodation. Additionally, members must ensure their children's educational needs are met within the stipulated allowances to qualify for the assistance provided. Any breach of the provisions in this Determination could lead to civil or administrative consequences. However, the Explanatory Statement does not explicitly detail specific offences, penalties, or consequences for non-compliance. Typically, failure to adhere to the updated allowances and contribution limits might result in reduced or denied reimbursements for educational expenses. It is important for ADF members to stay informed about these changes and ensure they meet all stipulated requirements to avoid any potential issues with their education assistance claims.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.